Bad.......

[backtoschool]

If they filed it with the same info, wouldn't that mean I lose the 6k again? As for dismissing and refiling with my current info, I started a contract where I netted 4k in the first month. I'm fairly certain it would put us over and possibly push us into a 13. Heck, though, I don't know if we won't be pushed into a 13 now . .

The difference is that you could put the 6k in the ira, and wait until your numbers look good. You could even wait until you have residency in the state that allows Federal exemptions.

[doomed]

doomed...if that's the case i would try and have it dismissed as outlined by backtoschool.....and then WAIT.....

and refile when your numbers are good to go. which is what you should have been advised to do to begin with!!

we waited close to 3 years...i mean, it wasn't easy, but we had to wait to meet the criteria necessary to file the way we wanted to.

you'd have to work the numbers and either WAIT until they reach your goal...or adjust your expenses accordingly.

Tobee, our bank sued us for $117k on our mortgage right before we filed. I'm worried about what waiting would do, especially for that. I think that we will just have to go ahead with it and lose the savings. Looks like the rest of our stuff is protected. We are in so deep with our debts and creditors and lawyers calling and harassing us left and right, that I was about to lose my mind. And lord knows all of the stress is bad for a twin pregnancy. I just want it to be done with.

[ccsjoe]

If they filed it with the same info, wouldn't that mean I lose the 6k again? As for dismissing and refiling with my current info, I started a contract where I netted 4k in the first month. I'm fairly certain it would put us over and possibly push us into a 13. Heck, though, I don't know if we won't be pushed into a 13 now . .

I think at this point we are beginning to speculate. Whether you get pushed into a 13 or not depends on your DMI. That's what you need to look at. However, since you don't know your course of action until you camp out at idiot's doorstep and get firm answers (that we will double check here if possible), it remains an option.

Go see the idiot, get a straight answer on ME exemption doubling and DEMAND he perform a full work up of the amended schedule under ME properly. Have him consult with trustee about filing amendments due to imbecility. And bring up the possibility of voluntary dismissal. Tell him you want firm, legal backed answers on all scenarios to decide your best course of action.

[backtoschool]

Tobee, our bank sued us for $117k on our mortgage right before we filed. I'm worried about what waiting would do, especially for that. I think that we will just have to go ahead with it and lose the savings. Looks like the rest of our stuff is protected. We are in so deep with our debts and creditors and lawyers calling and harassing us left and right, that I was about to lose my mind. And lord knows all of the stress is bad for a twin pregnancy. I just want it to be done with.

I agree that asking for a dismissal to protect 6k of savings is not worth the effort, but I wanted to present the option if the 6k was really important to you. At this point, I just want you to feel that you have options, which include getting a better attorney.

[doomed]

I think at this point we are beginning to speculate. Whether you get pushed into a 13 or not depends on your DMI. That's what you need to look at. However, since you don't know your course of action until you camp out at idiot's doorstep and get firm answers (that we will double check here if possible), it remains an option.

Go see the idiot, get a straight answer on ME exemption doubling and DEMAND he perform a full work up of the amended schedule under ME properly. Have him consult with trustee about filing amendments due to imbecility. And bring up the possibility of voluntary dismissal. Tell him you want firm, legal backed answers on all scenarios to decide your best course of action.

Joe, either I or my husband will be there first thing Monday to talk to him. Thank you (and everyone else) for all of the help. I am feeling SO much better about all of this. I'm not sure if a dismissal will make us worse off because we had planned the timing of this one . . . We'll just see on Monday. Thank you all again. And Joe, sorry, you're a really nice guy, whether you want anyone to know or not!

[doomed]

I agree that asking for a dismissal to protect 6k of savings is not worth the effort, but I wanted to present the option if the 6k was really important to you. At this point, I just want you to feel that you have options, which include getting a better attorney.

Thanks backtoschool. I really appreciate it! When I posted here, I thought we were completely . . screwed, to put it frankly. I am feeling much better now. Thank you all!

[doomed]

Double post, sorry.

[tobee43]

Tobee, our bank sued us for $117k on our mortgage right before we filed. I'm worried about what waiting would do, especially for that. I think that we will just have to go ahead with it and lose the savings. Looks like the rest of our stuff is protected. We are in so deep with our debts and creditors and lawyers calling and harassing us left and right, that I was about to lose my mind. And lord knows all of the stress is bad for a twin pregnancy. I just want it to be done with.

i understand your concern about the suit...however we were also served our summons....and that was over 2 years ago.

you can stale any suit...and even if they sue and get a judgment you can have it removed after the bankruptcy and the debt is discharged. your atty should have explained that to you.

while you want it to be done, and you should NOT be rec'ing any calls now you filed....so i don't understand.

you cannot be under this type of stress while your pregnant....

i hope it all works out for you.

[doomed]

i understand your concern about the suit...however we were also served our summons....and that was over 2 years ago.

you can stale any suit...and even if they sue and get a judgment you can have it removed after the bankruptcy and the debt is discharged. your atty should have explained that to you.

while you want it to be done, and you should NOT be rec'ing any calls now you filed....so i don't understand.

you cannot be under this type of stress while your pregnant....

i hope it all works out for you.

Tobee, our bank actually got the judgement in favor. I'm sure next step would of been collecting on it.

Thank you and everyone again so much. I'm really itching to talk to my lawyer tomorrow now that I KNOW what HE should be telling us about whats going to happen.

I'll keep you guys updated

[tobee43]

yes please do...and remember they can't take blood from a stone....or can they???

you will be alright...it will all work out. i know this is really hard for you. but it will pass....

[ccsjoe]

Tobee, our bank actually got the judgement in favor. I'm sure next step would of been collecting on it.

Thank you and everyone again so much. I'm really itching to talk to my lawyer tomorrow now that I KNOW what HE should be telling us about whats going to happen.

I'll keep you guys updated

I'll be looking for your post. Bust him up!!

[doomed]

I've got nothing new to report. I woke up this morning so nauseous I couldn't move. Didn't get out of bed til 11 to try and make it to the pharmacy to pick up my zofran refill. Didn't make it all the way before getting violently ill in the parking lot Went home and went back to bed. Husband tried to call attorney on his lunch break and then again after work -- no return phone calls. Husband is giving him til Wednesday to hear from him, and then he's going over to his office... to be continued . . sigh.

[backtoschool]

I've got nothing new to report. I woke up this morning so nauseous I couldn't move. Didn't get out of bed til 11 to try and make it to the pharmacy to pick up my zofran refill. Didn't make it all the way before getting violently ill in the parking lot Went home and went back to bed. Husband tried to call attorney on his lunch break and then again after work -- no return phone calls. Husband is giving him til Wednesday to hear from him, and then he's going over to his office... to be continued . . sigh.

Please take care of yourself and do not let the stress affect your well being.

I think if you do not get in touch with the lawyer tomorrow or Wednesday, you need to get a new lawyer. This lawyer is avoiding you because he knows he messed up, and he is going to have to deal with your wrath, and also will have to do it for no additional money.

The judge will approve your request for a new attorney if you file a formal request, given the circumstances.

[tobee43]

I've got nothing new to report. I woke up this morning so nauseous I couldn't move. Didn't get out of bed til 11 to try and make it to the pharmacy to pick up my zofran refill. Didn't make it all the way before getting violently ill in the parking lot Went home and went back to bed. Husband tried to call attorney on his lunch break and then again after work -- no return phone calls. Husband is giving him til Wednesday to hear from him, and then he's going over to his office... to be continued . . sigh.

ahhhhhhh doomed....i'm so sorry!!

i know this will not help....but honestly and truly...time will pass and so will this terrible situation. i promise. just do your best...get up....PUT SOME LIPS on...(my grandmother's way of making woman feel better)!! get a movie or two....keep busy and your mind filled with good things...your kids....the things that make you smile and warm inside...you need to bring yourself to a good place so you can move forward!!! GO PICK A PUMPKIN TODAY!!!...you getting your kids costumes made for the end of the month???...it's fast approaching....i'm working on MINE now!!! ( i don't have kids anymore), see......you can't stay in bed...there is WAY to much to be done!!!!

please feel better...this will all work out!

[doomed]

So . . my husband went by his office today, because his voicemail was full when he tried to call him. He asked him these questions and got these answers:

He said in regards to my husbands car, he's waiting on the bank to send over the paperwork for the reaffirmation. He will call them by end of next week if he hasn't heard anything.

In regards to filing in Maine -- he's not "sure" how Maine's exemptions apply to us. He said he's going to look at interpretations in this state to see how Maine's exemptions have been used in some database. He said he's then giong to put together a proposed amendment and then talk to the trustee about it. My husband said he needed to talk to a lawyer in Maine about the exemptions, and he said that would be a last resort because it would have "costs" - to which my husband said it would cost YOU because the only reason we are filing in Maine is because YOU miscalculated where we file and the lawyer said they'd discuss it after he discusses the proposed schedule with the trustee.

My husband asked him why weren't we advised to move our savings into an IRA, or something else, anything other than walking into the court and handing the trustee $6k, and he said there wasn't enough time to do any of that . . . Is there a window of which you have to put it into an IRA or whatever? He said he thought it was 6 months before filing.